A Study Of Incorporated Business Personnel's Act Of Accepting Bribe

At present, incorporated business personnel' s act of accepting bribe has already become a big cancer of our country's construction of market economy, and it is an important content of the struggle against corruption of our country too. This text will launch the systemic research into incorporated business personnel bribery. The full text is formed by four chapters altogether.In the first chapter about the historical evolution of the crime, the developing progress of the crime in our country' s criminal legislation is briefly introduced.In chapter 2 on constitutive elements of crime, the four constitutive elements of the crime are analysed in details. In the part of subjective elements of crime we make a concrete analysis of the differentiation standards between ordinary staff members and the personnel with the identity of civil servants, and we emphasize the idea that the standard of distinguishing the two subjects should be whether engaged in the public affairs. In the part of objective elements of crime, we put forward the idea that the act of accepting bribe beforehand should be punished as the crime too.In chapter 3 on the two problems that should be paid attention to in the judicial practice, we have emphatically analysed the demarcation lines between accomplished offense and criminal attempt of the crime, and have analysed three kinds of current attitudes on this problem in law circles, and have put forward the opinion that the standard to judge accomplished offense should be the bribee' s act of having sought illegal private gain for briber.In chapter 4, through the analysis of the bribery case of Jianping Gong, it is pointed that there is congenital deficiency of the regulationson the subject of the crime in our criminal legislation, and we have proposed some improvement suggestions. In this chapter combining relevant theories we investigate the complicity problem of the crime and deviation of determining bribery object. In the last paragraph of this chapter, we point out the discriminated status of the crime in the criminal legislation and have proposed some suggestions.